Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations

Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations

Author: Wouter Bossu

Publisher: INTERNATIONAL MONETARY FUND

Published: 2020-11-20

Total Pages: 51

ISBN-13: 9781513561622

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This paper analyzes the legal foundations of central bank digital currency (CBDC) under central bank and monetary law. Absent strong legal foundations, the issuance of CBDC poses legal, financial and reputational risks for central banks. While the appropriate design of the legal framework will up to a degree depend on the design features of the CBDC, some general conclusions can be made. First, most central bank laws do not currently authorize the issuance of CBDC to the general public. Second, from a monetary law perspective, it is not evident that “currency” status can be attributed to CBDC. While the central bank law issue can be solved through rather straithforward law reform, the monetary law issue poses fundmental legal policy challenges.


Digital Currency: An International Legal and Regulatory Compliance Guide

Digital Currency: An International Legal and Regulatory Compliance Guide

Author: Jeffrey H. Matsuura

Publisher: Bentham Science Publishers

Published: 2016-01-21

Total Pages: 114

ISBN-13: 1681082233

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Digital or ‘virtual’ currencies pose significant challenges for government, financial and legal institutions because of their non-physical nature and their relative anonymity to physical currency. These attributes make this form of exchange extremely volatile and, at the same time, attractive to criminals. Many countries around the world have, therefore issued warnings against the use of digital currencies and have enacted laws to regulate and in some cases, restrict their use among members under their respective jurisdictions. Digital Currency: An International Legal and Regulatory Compliance Guide serves as a primer for both general and specialized readers, as well as business law and e-commerce teachers and students, to recognize and understand the extensive network of laws and regulations already in place around the world which have a profound impact on the creation, distribution and use of digital currency and blockchain technology. The book is also a compliance guide assisting legal practitioners in the fields of business, law, and technology to develop, implement, manage, and maintain strategies, policies, practices, and procedures to ensure that their activities involving digital currency and blockchain technology comply with a complex set of legal requirements in several jurisdictions. The book addresses both the complex set of existing laws that have a profound impact on digital currencies and blockchain technology, and the emerging new legal requirements directed specifically towards digital currency. Readers will understand the broad implications of laws and regulations on digital currency and blockchain development and its use, and will also be equipped with the knowledge to incorporate these effectively into their professional and personal endeavors. This entails maximizing the value of digital currency and blockchain technology while also minimizing their risk of adverse legal consequences. Additionally, policymakers seeking to enforce current legislations or wishing to draft appropriate new regulations in the digital currency and blockchain economy will also benefit from the information provided in this book.


History of the Monetary Legislation

History of the Monetary Legislation

Author: Hon Robert E Preston

Publisher: Createspace Independent Publishing Platform

Published: 2016-01-29

Total Pages: 128

ISBN-13: 9781523763788

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From the PREFACE. "WHEN the mariner has been tossed for many days in thick weather and on an unknown sea, he naturally avails himself of the first pause in the storm, the earliest glance of the sun, to take his latitude and ascertain how far the elements have driven him from his course." Not for a few days only, nor for a few months, nor even for a few years, but for twenty, have the monetary pilots of the United States, entrusted with the care of the ship of state, been tossed about upon the waters, by the jarring winds of false financial doctrines; yet so far from availing themselves of the pauses in the storm that have occasionally given them a glimpse of the sun and light to determine their bearings and position, and discover how far they had drifted or been driven from the course of the correct principles of currency legislation, they seem bent rather on steering clear of the right path and sailing, without chart or compass, one knows not whither, except that it must be through darkness to danger and, perhaps, disaster. One such glimpse they had after the clouds of the crisis of 1893 began to clear away. Others have come to them after the successive issues of bonds during the past two years, resulting in the borrowing of $250,000,000 to maintain a reserve of $100,000,000, which is ever oozing out of the Treasury, and which cannot be kept intact so long as the Treasury-draining tubes of the legal-tender notes and Treasury notes are not stopped up or destroyed-a reserve which must be replenished periodically to insure the parity with gold of our paper money amounting to over $800,000,000, and to avert the "circulating pest"* of a depreciated medium of exchange. But neither the light after the panic nor after the ever-recurring embarrassments of the Treasury, followed by repeated and heavy loans, in a time of profound peace, has sufficed to let them see that the panic was produced and the issues of bonds rendered necessary by the fact that they had been violating, for over twenty years, every law of coinage and finance, and that the proper preventative of such panics and bond issues in the future is to ascertain how far they have been driven from the true course of monetary principles-of the principles that have guided all other great commercial nations since 1871, and that had directed the monetary legislation of the United States for nearly ninety years -the monetary principles of the Fathers of the Republic, of Robert Morris, Thomas Jefferson, and Alexander Hamilton.